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The utility company argued that the city could not force it to move working lines unless the city paid for the cost of the work.

The city said that the $15 million had previously been placed in a contingency fund in case it lost the lawsuit.

In a statement, City Manager Harry Black said the city would appeal the ruling.

"Today’s ruling is disappointing, but not surprising. At the time the streetcar project was approved, the utility issue remained unsettled. In order to gain resolution the City entered into a negotiated agreement with Duke and placed money in an escrow account pending the conclusion of the legal process," Black said.

"The streetcar project has been approved by our policymakers and is under construction. Our responsibility now is to bring it in on time and on budget. The case is also important for other cities in Ohio. The decision may ultimately dictate who pays for local infrastructure improvements that require the movement of utilities on public property: the taxpayers or the utility," Black said.

Duke Energy also issued a statement that said, "Duke Energy Ohio has steadfastly maintained that the City is responsible for paying Duke Energy Ohio’s costs to relocate its facilities to accommodate the streetcar project and are pleased with the judge’s ruling today. Throughout the construction of the streetcar project, we’ve continued to progress with our relocations on schedule and on budget goals."